Our Attorneys

Michael A. Kuiken

Mr. Kuiken concentrates his practice in the areas of commercial litigation, insurance and reinsurance coverage, professional liability, construction, and corporate advisory matters. He also possesses experience in the areas of commercial loss recovery/subrogation, copyright and intellectual property, premises liability, bankruptcy, transportation negligence, medical malpractice defense, financial services litigation, and regulatory and securities advisory matters. Mr. Kuiken has represented clients in over thirty (30) different jurisdictions nationwide.

Over the course of his career, Mr. Kuiken has served as lead trial counsel on numerous matters, obtaining favorable verdicts on behalf of his insurance and transportation clients. Mr. Kuiken has also served as trial counsel in the successful prosecution and defense of commercial litigation matters, including successfully representing an insurer which sought over $100,000,000.00 in damages from its former managing general agency for losses incurred by the insurer due to the managing general agency's violations of policy underwriting guidelines. Mr. Kuiken also has experience representing governmental entities, including obtaining a favorable settlement for less than cost-of-defense while serving as second chair trial counsel in a construction negligence matter where plaintiffs sought in excess of $20 million damages.

Mr. Kuiken also represents insurers in a variety of coverage disputes, such as in a matter currently pending in the Supreme Court of New York County, New York, where Mr. Kuiken represents an insurer in a coverage action where an excess insurer seeks over $25,000,000.00 in legal fees and expenses incurred in the defense of its insured from Mr. Kuiken's client, which was a primary insurer (via an additional insured endorsement) of the excess carrier's insured.  In Mizyed v. Travelers Home and Marine Ins. Co., Case No. 1:12-cv-1016 (C.D. Ill.), Mr. Kuiken was the lead associate involved with successfully defending an insurer's denial of coverage for a home and personal property (contents) claim in excess of $1.5 million arising out of an intentionally set fire to a luxury home owned by Travelers' insured. At the close of discovery, and with Travelers' motion for summary judgment pending, Mr. Kuiken and his team obtained settlement on behalf of its insurer client on terms that were incredibly favorable to the insurer and helped the insurer recoup some of the monies it had been forced to expend in paying off the remainder of the mortgage on the property.

Mr. Kuiken has also helped shape Illinois law on key issues relating to construction defect claims, most notably in the matters styled Board of Managers of 15th Place Condo Ass'n. v. South Campus Development Team, et al., 2013 IL App (1st) 122292, where Mr. Kuiken was part of a team that secured victory on the issue of operation of the contractual suit limitations provisions found at Articles 8.3/9.3 of the standard 1997 AIA form Owner-Architect and Owner-General Contractor agreements. The case marks the first time in U.S. jurisprudence that an appellate court had interpreted the suit limitations provision in a third-party context.

Similarly, Mr. Kuiken has successfully obtained dismissal in many matters at the trial court level in disputes over whether the Illinois Implied Warranty of Habitability doctrine applies to design professionals.  For example, in Board of Managers of Fordham Place v. 25 E. Superior, et al., Case No. 2008 L 2885 (Cir. Ct. of Cook Co., IL), Mr. Kuiken represented project engineer in dispute over The Fordham, a 50-story luxury condominium tower at 25 E. Superior.  Mr. Kuiken successfully obtained summary judgment for his client, a consulting engineer on the project, successfully arguing that the lack of contractual privity between plaintiffs and the project engineer barred plaintiffs' claim for breach of the implied warranty of habitability (i.e., the court held that the Minton exception to the Moorman doctrine would not be extended to design professionals).

Mr. Kuiken has also conducted numerous CLE seminars for his insurance and construction clients, focusing on key trends in the industry and industry forecasts. 

Prior to law school, Mr. Kuiken worked as a television sportscaster for ABC and FOX affiliates in Tennessee and Louisiana, respectively. He is an avid sports fan and enjoys live music as well as playing a variety of musical instruments in his free time.

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Contact:

10 S. LaSalle Street, Suite 1800

Chicago, Illinois 60603

Phone: (312) 466-7249

Email: Michael.Kuiken@ruberry-law.com

Education:

  • Juris Doctor, University of Michigan Law School, Ann Arbor, MI
  • Bachelor of Arts, University of Michigan, Ann Arbor, MI

Professional Affiliations:

  • American Bar Association
  • Chicago Bar Association
  • Illinois State Bar Association
  • Society of Illinois Construction Attorneys

Admissions:

  • State of Illinois
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Eastern District of Michigan

Practice Areas:

  • Commercial Litigation
  • Professional Liability
  • Insurance Coverage
  • Construction Law
  • Corporate Advisory
  • Insurance Advisory
  • General Litigation
  • General Tort Defense